[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Rules and Regulations]
[Pages 64063-64065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25006]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-1045; Special Conditions No. 25-795-SC]


Special Conditions: Airbus Defense and Space S.A., C212-CC/-CD/-
CE/-CF/-DF/-DE Airplanes; Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Airbus Defense and 
Space S.A. (Airbus) Model C212-CC/-CD/-CE/-CF/-DF/-DE airplanes. This 
airplane, as modified by Airbus Defense and Space, Inc., will have a 
novel or unusual design feature when compared to the state of 
technology envisioned in the airworthiness standards for transport 
category airplanes. This design feature is the emergency lighting 
installation that contain rechargeable lithium batteries. The 
applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this

[[Page 64064]]

design feature. These special conditions contain the additional safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards.

DATES: This action is effective November 17, 2021. Send comments on or 
before January 3, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2021-1045 using 
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in 14 CFR 11.35, the FAA will post all comments received 
without change to http://www.regulations.gov/, including any personal 
information you provide. The FAA will also post a report summarizing 
each substantive verbal contact received about this proposal.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this Notice contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this Notice, it is important that you clearly designate 
the submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' The FAA will treat such marked 
submissions as confidential under the FOIA, and the indicated comments 
will not be placed in the public docket of this Notice. Submissions 
containing CBI should be sent to Nazih Khaouly, Aircraft Systems, AIR-
623, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone and fax 206 231 3160; email [email protected]. Comments 
the FAA receives, which are not specifically designated as CBI, will be 
placed in the public docket for this rulemaking.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Aircraft Systems, AIR-
623, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone and fax 206-231-3160; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions 
has been published in the Federal Register for public comment in 
several prior instances with no substantive comments received. 
Therefore, the FAA has determined that prior public notice and comment 
are unnecessary, and finds that, for the same reason, good cause exists 
for adopting these special conditions upon publication in the Federal 
Register.

Comments Invited

    The FAA invites interested people to take part in this rulemaking 
by sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for 
comments. The FAA may change these special conditions based on the 
comments received.

Background

    On December 16, 2019, Airbus Defense and Space, Inc. applied for a 
supplemental type certificate for the installation of rechargeable 
lithium batteries as part of an emergency lighting installation in the 
Airbus Model C212-CC/-CD/-CE/-CF/-DF/-DE airplanes. The Airbus Model 
C212-CC/-CD/-CE/-CF/-DF/-DE airplanes are twin-engine, transport 
category aircraft, with capacity for 28 passengers, and a maximum 
takeoff weight of 16,976 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Airbus Defense and Space, Inc. must show that the Airbus 
Model C212-CC/-CD/-CE/-CF/-DF/-DE airplanes, as changed, continue to 
meet the applicable provisions of the regulations listed in Type 
Certificate No. A43EU or the applicable regulations in effect on the 
date of application for the change, except for earlier amendments as 
agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness 
regulations (e.g., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Airbus Model C212-CC/-CD/-CE/-CF/-
DF/-DE airplanes because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same novel or unusual design feature, 
these special conditions would also apply to the other model under 
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Airbus Model C212-CC/-CD/-CE/-CF/-DF/-DE airplanes must 
comply with the fuel vent and exhaust emission requirements of 14 CFR 
part 34 and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Feature

    The Airbus Model C212-CC/-CD/-CE/-CF/-DF/-DE airplanes will 
incorporate the following novel or unusual design feature:
    An emergency lighting installation that contains rechargeable 
lithium batteries.

Discussion

    Rechargeable lithium batteries are considered to be a novel or 
unusual design feature in transport category airplanes, with respect to 
the requirements in Sec.  25.1353. This type of battery has certain 
failure, operational, and maintenance characteristics that differ 
significantly from those of the nickel-cadmium and lead-acid 
rechargeable batteries currently approved for installation on transport

[[Page 64065]]

category airplanes. These batteries introduce higher energy levels into 
airplane systems through new chemical compositions in various battery-
cell sizes and construction. Interconnection of these cells in battery 
packs introduces failure modes that require unique design 
considerations, such as provisions for thermal management.
    Special Condition 1 requires that each individual cell within a 
rechargeable lithium battery be designed to maintain safe temperatures 
and pressures. Special Condition 2 addresses these same issues but for 
the entire battery. Special Condition 2 requires the battery be 
designed to prevent propagation of a thermal event, such as self-
sustained, uncontrolled increases in temperature or pressure from one 
cell to adjacent cells.
    Special Conditions 1 and 2 are intended to ensure that the cells 
and battery are designed to eliminate the potential for uncontrollable 
failures. However, a certain number of failures will occur due to 
various factors beyond the control of the designer. Therefore, other 
special conditions are intended to protect the airplane and its 
occupants if failure occurs.
    Special Conditions 3, 7, and 8 are self-explanatory.
    Special Condition 4 clarifies that the flammable fluid fire-
protection requirements of Sec.  25.863 apply to rechargeable lithium 
battery installations. Section 25.863 is applicable to areas of the 
airplane that could be exposed to flammable fluid leakage from airplane 
systems. Rechargeable lithium batteries contain electrolyte that is a 
flammable fluid.
    Special Condition 5 requires each rechargeable lithium battery 
installation to not damage surrounding structure or adjacent systems, 
equipment, or electrical wiring from corrosive fluids or gases that may 
escape in such a way as to cause a major or more severe failure 
condition. Special Condition 6 requires each rechargeable lithium 
battery installation to have provisions to prevent any hazardous effect 
on airplane structure or systems caused by the maximum amount of heat 
it can generate due to any failure of it or its individual cells. The 
means of meeting special conditions 5 and 6 may be the same, but they 
are independent requirements addressing different hazards. Special 
Condition 5 addresses corrosive fluids and gases, whereas Special 
Condition 6 addresses heat.
    Special Condition 9 requires rechargeable lithium batteries to have 
``automatic'' means due to the fast acting nature of lithium battery 
chemical reactions. Manual intervention would not be timely or 
effective in mitigating the hazards associated with these batteries.
    These conditions apply to all rechargeable lithium battery 
installations in lieu of Sec.  25.1353(b)(1) through (4) at amendment 
25-123, or Sec.  25.1353(c)(1) through (4) at earlier amendments. These 
regulations will remain in effect for other battery installations on 
these airplanes.
    These special conditions contain the additional safety standards 
that the Administrator considers necessary to establish a level of 
safety equivalent to that established by the existing airworthiness 
standards.

Applicability

    As discussed above, these special conditions are applicable to the 
Airbus Model C212-CC/-CD/-CE/-CF/-DF/-DE airplanes. Should Airbus 
Defense and Space, Inc. apply at a later date for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
A43EU to incorporate the same novel or unusual design feature, these 
special conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature 
on the Airbus Model C212-CC/-CD/-CE/-CF/-DF/-DE airplanes. It is not a 
rule of general applicability and affects only the applicant who 
applied to the FAA for approval of these features on the airplanes.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Airbus Defense and Space S.A. Model 
C212-CC/-CD/-CE/-CF/-DF/-DE, as modified by Airbus Defense and Space, 
Inc.
    In lieu of Sec.  25.1353(b)(1) through (4) at amendment 25-123, or 
Sec.  25.1353(c)(1) through (4) at earlier amendments, each 
rechargeable lithium battery installation must:
    1. Be designed to maintain safe cell temperatures and pressures 
under all foreseeable operating conditions to prevent fire and 
explosion.
    2. Be designed to prevent the occurrence of self-sustaining, 
uncontrollable increases in temperature or pressure, and automatically 
control the charge rate of each cell to protect against adverse 
operating conditions, such as cell imbalance, back charging, 
overcharging, and overheating.
    3. Not emit explosive or toxic gases, either in normal operation or 
as a result of its failure that may accumulate in hazardous quantities 
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment, 
or electrical wiring from corrosive fluids or gases that may escape in 
such a way as to cause a major or more-severe failure condition.
    6. Have provisions to prevent any hazardous effect on airplane 
structure or systems caused by the maximum amount of heat it can 
generate due to any failure of it or its individual cells.
    7. Have a failure sensing and warning system to alert the flight 
crew if its failure affects safe operation of the airplane.
    8. If its function is required for safe operation of the airplane, 
have a monitoring and warning feature that alerts the flight crew when 
its charge state falls below acceptable levels.
    9. Have a means to automatically disconnect from its charging 
source in the event of an over-temperature condition, cell failure or 
battery failure.

    Note:  A battery system consists of the battery, battery charger 
and any protective, monitoring and alerting circuitry or hardware 
inside or outside of the battery. It also includes vents (where 
necessary) and packaging. For the purpose of these special 
conditions, a battery and battery system are referred to as a 
battery.


    Issued in Kansas City, Missouri, on November 10, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2021-25006 Filed 11-16-21; 8:45 am]
BILLING CODE 4910-13-P